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Madras High CourtHCP/1088/2015dismissed

K.Selvaraj v. The Inspector Of Police

2015-04-28Honourable Dr Justice S. Tamilvanan,Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.04.2015

CORAM

THE HONOURABLE DR.JUSTICE S.TAMILVANAN AND THE HONOURABLE MR.JUSTICE B.RAJENDRAN H.C.P. No.1088 of 2015 K.Selvaraj ... Petitioner -v1.State rep. by Inspector of Police, P-5, M.K.B.Nagar Police Station, Chennai-600 039.

2.R.Rajendran 3.B.Muniraj ... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Habeas Corpus directing the respondents to produce the body of the detenue R.Pavithra, D/o.Rajendran before this Court and to set her at liberty. For Petitioner :

Mr.S.Parthasarathy For Respondents :

Mr.A.N.Thambi Durai Addl. Public Prosecutor for R1

O R D E R

(Order of the Court was made by S.TAMILVANAN,J.) This petition has been filed under Article 226 of the Constitution of India, directing the respondents to produce the body of the detenue R.Pavithra, D/o.Rajendran before this Court and to set her at liberty.

2.Learned counsel for the petitioner submits that the petitioner has love affair with the alleged detenue.

3.Admittedly, he is a stranger and he is not even the husband of the alleged detenue. Therefore, we are of the view that the petitioner has no locus standi to file this petition against the father of the alleged detenue/second respondent herein and the uncle https://hcservices.ecourts.gov.in/hcservices/

of the alleged detenue/third respondent herein and filing this type of petition would be construed only as an abuse of process of law. 4.It is open to the petitioner to approach the appropriate forum seeking his remedy, according to law.

5.With the above observation, this petition is dismissed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vga To 1.Inspector of Police, P-5, M.K.B.Nagar Police Station, Chennai-600 039.

2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

1 cc to Mr. S.Parthasarathy,Advocate, SR.No.23357 H.C.P. No.1088 of 2015 rj(co) pmk.21.5.2015 https://hcservices.ecourts.gov.in/hcservices/